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Litigation Alert >> "Dialing It Back?" Federal Courts Weigh In On "Autodialers" After Appeals Court Strikes Down FCC Interpretation Of TCPA
Following a March 2018 by the United States Court of Appeals for the D.C. Circuit that rejected certain Federal Communications Commission (FCC) interpretations of the Telephone Consumer Protection Act ...
United States
26 Jun 2018
2
New Jersey Supreme Court Rejects No-Harm TCCWNA Claims, Dealing Blow To Consumer Class Actions Under The Act
Last month, New Jersey's highest court ruled that only persons who have suffered actual harm from violations under the state's Truth in Consumer Contract, Warranty and Notice Act (TCCWNA) ...
United States
18 May 2018
3
No Harm, No Foul? Individualized Consent Issues Sink TCPA Class Action
Is a class action lawsuit appropriate when some class members have consented to the defendant's conduct, but have not given that consent in the manner the law requires?
United States
17 Jan 2018
4
Appeals Court Enforces Arbitration Clause In Hyperlinked Terms & Conditions
In an important decision concerning the enforceability of an arbitration clause included in a mobile app's Terms of Service, the federal appeals court in New York recently found ...
United States
9 Nov 2017
5
Possibility Defeats Practicality: Federal Court Of Appeals Limits Class Action Defense Regarding Infeasibility Of Ascertaining Class Members
As discussed in a previous article, in 2013 many federal courts began applying a heightened standard to the long-recognized, but largely overlooked, "ascertainability" prerequisite implicit in the Federal Rules...
United States
6 Sep 2017
6
Courts Begin To Rein In Scope Of New Jersey Truth In Consumer Contract, Warranty And Notice Act
Recent cases may suggest a shift in courts' views on New Jersey's Truth in Consumer Contract, Warranty and Notice Act (TCCWNA).
United States
17 May 2017
7
'I Agreed To What?' – Federal Court Decision May Increase Scrutiny Of Online Terms And Conditions
Can a consumer be bound by an arbitration agreement contained in online terms and conditions by merely signing in to an Internet-connected service?
United States
15 Sep 2016
8
Litigation Alert >> Internet Retailers Beware: NJ Truth-In-Consumer Contract, Warranty And Notice Act Impacts Online Terms And Conditions
New Jersey is widely considered to be among the most consumer-protective states in the country. One of New Jersey's broader consumer protection laws is the Truth-in-Consumer Contract...
United States
26 Jul 2016
9
2016 Mitigating Risk: Key Litigation Developments - Consumer Class Actions >> Our Best Offer: Rule 68 And TCPA Class Actions
The Telephone Consumer Protection Act (TCPA) imposes significant restrictions on automatically dialed calls, including prohibitions against virtually all automated calls and text messages to cell phones.
United States
12 Apr 2016
10
2016 Mitigating Risk: Key Litigation Developments - Consumer Class Actions >> "Ascertainable" Class Members In Consumer False Advertising Actions
Consumer class action lawsuits often unfold into protracted and expensive cases, regardless of merit.
United States
12 Apr 2016
11
AAA Now Requires Pre-Approval And Registration Of Arbitration Clauses In Consumer Agreements, Including Website Terms & Conditions
For companies looking to avoid the often time-consuming and costly process of going to court over consumer claims, arbitration clauses have become a common feature in consumer agreements.
United States
18 Sep 2015
12
Supreme Court Clarifies Who Can Assert A Federal Claim For False Advertising
The Supreme Court's ruling in Lexmark should have a significant impact on Lanham Act false advertising cases.
United States
21 Jul 2014
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